Cohabitation Agreement in Italy: complete guide

The Cohabitation Agreement (convivenza di fatto) was introduced in Italy by Law No. 76/2016 (the Cirinnà Law), which grants rights and protections to unmarried couples, both heterosexual and same-sex.

📌 Thanks to the Cohabitation Agreement, partners can formalize their union at the Municipality, gain reciprocal rights, and for non-EU citizens, open the path to obtaining the FAMIT card (residence permit for family members of EU citizens).

What is a Cohabitation Agreement

A Cohabitation Agreement exists when two people:

• Are adults (18+),
• Are stably united by an emotional bond and mutual moral and material support,
• Are not married or in a civil union with each other or others,
• Have residence registered at the same address in the same Municipality.

👉 It is a legal recognition of living together without the need for marriage or civil union.

Requirements

To establish a Cohabitation Agreement, the following are needed:

• Shared residence 🏡: both partners must be officially registered at the same address.
• Anagraphic declaration: submitted at the Municipality with the official form.
• No marital ties: neither partner can be married or civilly united with another person.
• Adult age: both must be at least 18 years old.

How to register a Cohabitation Agreement

The procedure is simple:

1. Fill in the declaration of cohabitation, signed by both partners.
2. Submit it to the Anagrafe Office (Civil Registry) of the Municipality.
3. The registry is updated and both are listed in the family status certificate as “cohabiting partners.”

⏳ Processing times vary by Municipality, but usually only a few days.

The Cohabitation Agreement

Besides the declaration, partners can sign a Cohabitation Agreement to regulate financial and property aspects of their life together.

Contents:

• How expenses are shared,
• Residence arrangements,
• Rules about the shared home,
• Property rights if the cohabitation ends.

Form:

• Must be drafted in writing before a notary or lawyer,
• Must be registered with the Municipality to have legal effect.

👉 Not mandatory, but useful to prevent future disputes.

Rights of partners in a Cohabitation Agreement

With the Cirinnà Law, partners who register a Cohabitation Agreement gain the right to:

• Hospital and prison visits as family members,
• Medical decisions in case the partner is incapacitated,
• Subrogation in rental contracts if the registered tenant dies,
• Limited inheritance rights if stated in the agreement,
• Property protection via the Cohabitation Agreement.

Cohabitation Agreement and foreign partners

A crucial aspect concerns non-EU partners.

By registering a Cohabitation Agreement with an Italian citizen (or an EU citizen residing in Italy), the foreign partner has the right to request the FAMIT card.

The FAMIT card

The FAMIT card (Carta di soggiorno per familiare di cittadino UE) is a long-term residence permit granted to non-EU family members of Italian or EU citizens residing in Italy.

Requirements:

• Registered Cohabitation Agreement with an Italian/EU citizen,
• Documentation proving the relationship (declaration + Cohabitation Agreement if any),
• No serious criminal record.

Procedure:

1. Request the postal kit for the FAMIT card,
2. Submit documents (declaration, passport, photos, health insurance if required),
3. Attend the Questura for fingerprints 👮,
4. Receive the FAMIT card (valid 5 years).

👉 After 5 years, if cohabitation continues, the partner may apply for a permanent residence card.

Differences from marriage or civil union

• Marriage / Civil union → Full spousal rights, automatic extension of all family rights.
• Cohabitation Agreement → More limited recognition, but enough to obtain the FAMIT card.

Advantages

• Legal recognition without marriage,
• Access to the FAMIT card for non-EU partners,
• Reciprocal rights in case of illness or emergencies,
• Possibility to regulate property matters with a Cohabitation Agreement,
• An intermediate step for couples who do not wish (or cannot) marry.

Common mistakes

❌ Not registering the common residence,
❌ Believing informal cohabitation is enough,
❌ No Cohabitation Agreement despite shared assets,
❌ Missing documents for the FAMIT card,
❌ Thinking cohabitation grants citizenship (it doesn’t: marriage or long-term residence is required).

Practical tips

💡 Register cohabitation as soon as you move in together,
💡 Consider a Cohabitation Agreement if important assets are involved,
💡 Prepare FAMIT documents carefully,
💡 Seek legal support for complex cases (e.g. previous expulsions),
💡 Treat cohabitation as a first step in building a shared life project in Italy.

Conclusion

The Cohabitation Agreement is an important legal recognition for unmarried couples living stably in Italy.

Beyond internal rights, it allows the foreign partner to obtain the FAMIT card — a safe and long-term residence permit (5 years).

📌 Golden rule: common residence, official declaration, complete documents. With these, the Cohabitation Agreement becomes a real tool for living together legally in Italy 🌍.